Can I sue for personal injury 6 years after a car accident? 56 Answers as of July 04, 2013

Can I sue a person after 6 years. My family and me had a car accident and two of my kids were injure one of then had brain damage and my other son he's nose was broken. Now my two kids suffer what can I do? Thank you.

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
You can't sue 6 years later as an adult. However, your kids should be able to sue upon reaching the age of majority. If that is coming up soon, please feel free to contact us and we can put together a game plan.
Answer Applies to: Missouri
Replied: 8/1/2011
David Hoines Law
David Hoines Law | David Hoines
not if the accident occurred in Fla
Answer Applies to: Florida
Replied: 8/1/2011
The S.E. Farris Law Firm
The S.E. Farris Law Firm | Spencer E. Farris
The limitation period for a Missouri car wreck is 5 years. HOWEVER, the period is extended for minors. Without knowing the ages of your kids, it is impossible for me to tell you whether you can sue now or not. Your claim for medical bills may be lost, but their claim for injuries is likely still okay. Call a lawyer as soon as possible.
Answer Applies to: Missouri
Replied: 7/29/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
Children have a right to sue up until their 19th birthday, regardless of how long ago the accident occurred.
Answer Applies to: South Carolina
Replied: 7/28/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
The children's claims are not barred by the statute of limitations until two years after they reach 19 years of age in AL.
Answer Applies to: Alabama
Replied: 7/27/2011
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    Unfortunately, no you cannot. In Louisiana, a personal injury claim prescribes (expires) one year from the date of the accident.
    Answer Applies to: Louisiana
    Replied: 7/27/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    If you haven't previously accepted a settlement, pursuing a claim may be possible, depending upon the age of your children. A child injured in an accident has until his or her 19th birthday in Oregon to file suit.
    Answer Applies to: Oregon
    Replied: 7/27/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    The statute of limitations for an injury claim in Texas is two years, however, for minors, that period does not begin to run until their 18th birthday. So children basically have until their 20th birthday to file an injury claim. Depending on the age of your children, you may still have time to file suit.
    Answer Applies to: Texas
    Replied: 7/27/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    The statute of limitations doesn't start to run for a minor until they attain the age of eighteen. You would have to calculate based on each child's age at the time of the accident.
    Answer Applies to: Virginia
    Replied: 7/27/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Virginia law on personal injuries requires that a claim be filed within two years of the date of the accident. This time limit is known as the statute of limitations. You actually have to have a lawsuit filed within the appropriate time period in order to preserve your claim. There are a few exceptions to the limitations period. One is where the victim is a child under the age of 18. In Virginia, the child does not have to file his or her claim before the age of 18. The law then provides that the statute of limitations period begins to run at the 18th birthday. So children have until their 20th birthday to file suit. One exception to this exception is that if the child has been legally emancipated, the period runs from the date of emancipation. You should contact an experienced accident attorney to go over the facts of your situation and explore what can be done.
    Answer Applies to: Virginia
    Replied: 7/27/2011
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Sorry to hear you were in a crash. Unfortunately, the typical statute of limitations for an auto crash in NY is 3 years from the date of the crash. You may be time barred, however, your children are considered minors until they reach the age of majority, or 18 years old. So, your children would have 3 years from the date of their 18th birthday to bring a lawsuit, or their 21st birthday. You need to go see an attorney immediately as your children likely can still be compensated. Good luck.
    Answer Applies to: New York
    Replied: 7/27/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Check your State's statute of limitation for personal injuries. In Indiana it is two years from date of accident.
    Answer Applies to: Indiana
    Replied: 7/27/2011
    The Farber Law Group
    The Farber Law Group | Herbert G. Farber
    There is a legal theory called "Statute of Limitations" which restricts the time after an event that a person can file a civil suit. Statutes vary for each state but in Washington state, a lawsuit must be filed within three years of the date that the injury accident occurred.
    Answer Applies to: Washington
    Replied: 7/27/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Probably yes. The statute of limitations for a person under eighteen years of age does not even begin to run until they turn eighteen. And then they have three years (with some exceptions). I wool love to look into these claims! Call a lawyer!
    Answer Applies to: New York
    Replied: 7/27/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    I am sorry your children are having a hard time. There is potential to sue for the minors. We would need to evaluate the injuries and the statute issues. Call an attorney right away to determine whether a claim for the children are time barred.
    Answer Applies to: Pennsylvania
    Replied: 7/27/2011
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Philip C. Alexander
    You personally do not have a claim because the statute of limitations for you would have expired after 2 years. However, for minors under the age of 18, the statute of limitations does not begin to run until their eighteenth birthday, so they would have until the eve of their 20th birthday to file a lawsuit. There are exceptions to this rule, which would include a personal injury claim against a governmental entity. You should immediately contact an attorney for assistance in handling your children's claims.
    Answer Applies to: California
    Replied: 7/27/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    there is a 3 year limitation on most actions. You should consult with an attorney in your area
    Answer Applies to: Connecticut
    Replied: 7/27/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    The normal Georgia statute of limitations for filing a lawsuit for personal injuries as a result of an automobile wreck is 2 years. However that rule is for adults. For children the rule is different. Minor children can bring a lawsuit even up to 2 years after they reach the age of majority. You can still bring the suit on behalf of the children as guardian before then. Do not wait long as witnesses will disappear and evidence will go missing. Be aware that certain damages such as medical expenses may be ruled to be the responsibility of the adult parents, not the children, and might be barred by the statute of limitations already. Get a lawyer experienced in auto accident claims immediately. Do not wait any longer. The case may already have been damaged by the delay.
    Answer Applies to: Georgia
    Replied: 7/27/2011
    Bristol & Dubiel LLP
    Bristol & Dubiel LLP | Murray L. Bristol
    A childs statute of limitations does not begin to start until they have reached the age of an adult. However, parents must sue within 2 years of the accident to collect any medical bills that were spent on the medical bills. Therefore, I would recommend contacting an attorney immediately to learn more about your childrens rights to collect against the person that caused the accident.
    Answer Applies to: Texas
    Replied: 7/27/2011
    Judnich Law Office
    Judnich Law Office | Martin W. Judnich
    This depends on what state the accident happened in, and how old the claimants are. If it is Montana, we have a 3 year statute of limitation for adults. The children have 3 years from when they turn 18 to have a claim settled.
    Answer Applies to: Montana
    Replied: 7/27/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    In Louisiana, you have one year from the date of the accident to settle your claim or to file a lawsuit against the responsible party. Your case has prescribed against the tortfeasor (i.e., the liable party) since it has been 6 years from the date of the accident. Thanks for your inquiry and good luck to you and your family.
    Answer Applies to: Louisiana
    Replied: 7/27/2011
    Potter Law Offices
    Potter Law Offices | Cal J. Potter, III, Esq.
    The statute of limitations for a car accident is 2 years, unless it involves a minor. A minor has 2 years from when they turn 18 years of age.
    Answer Applies to: Nevada
    Replied: 7/27/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    I'm afraid the answer is probably no, but I suggest you speak to a personal injury lawyer in your area immediately to discuss the details of your case. There are exceptions to the usual four year statute of limitations, and it is possible (not likely, but possible) that one may apply to your situation. A lawyer can ask you more specific questions and determine if any of the exceptions may apply. F
    Answer Applies to: Florida
    Replied: 2/20/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    A minor has until his twentieth birthday to file a lawsuit for personal injuries. In other words the two years statute of limitations does not begin to run for a minor until his or her eighteenth birthday.
    Answer Applies to: New Jersey
    Replied: 7/27/2011
    Anderson & Bliven P.C.
    Anderson & Bliven P.C. | Scott Anderson
    The statute of limitations in Montana is 3 years for torts. If it is under your own insurance because it was Uninsured Motorist claim or another insured was at fault for instance an inter-family tort say the father was driving and the accident was his fault and the children were injured then there could be a contract claim in which case the statute could be considered 8 years under contract, unless the insurance policy limits the contract statute otherwise. We would need to look into the facts of the situation.
    Answer Applies to: Montana
    Replied: 7/27/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    As long as your children are currently under the age of 21, they can still sue for personal injury.
    Answer Applies to: Washington
    Replied: 7/27/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    The statute of limitations on a personal injury cases is 2 years in Oregon. That is extended in the case of minors up to the age of 18 plus one year, but no longer than five years from the date of the tort limit (7 years). See ORS 12.160(1). You should seek the help of personal injury attorney to determine if your children are still able to sue for their injuries.
    Answer Applies to: Oregon
    Replied: 7/26/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    If your children are under the age of 18, then absolutely you can bring a claim. Time limits for filing injury claims arising from an auto accident do not commence until the person reaches age 18. However, do not wait and get qualified injury help today.
    Answer Applies to: Colorado
    Replied: 8/8/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    No. You had 4 years to file.
    Answer Applies to: Florida
    Replied: 7/26/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    As long as the two kids are still minors or recently turned 18 you can sue. Issue is who was at fault in accident and did other driver have insurance.
    Answer Applies to: California
    Replied: 7/26/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    The statute of limitations for an adult is two years for personal injury from a car accident. Thus, the adults no longer have a claim. The minors limitation period does not commence until they turn 18 and therefore have until they turn 20 to file a suit. You should retain an attorney that handles car accident cases and they can explain the details of the foregoing to you.
    Answer Applies to: California
    Replied: 7/26/2011
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    Your children may have a claim for damages that survives.
    Answer Applies to: Idaho
    Replied: 7/26/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    The statute of limitations is 3 years, but minors have different rules. So, the answer is maybe.
    Answer Applies to: Michigan
    Replied: 7/26/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    The children can file.
    Answer Applies to: North Carolina
    Replied: 7/26/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    The statute of limitations in New York to bring an a lawsuit involving a car accident is 3 years. However if your children are minors, the statute does not run until after they reach the age of majority.
    Answer Applies to: New York
    Replied: 7/26/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Are your kids still minors?
    Answer Applies to: New York
    Replied: 7/4/2013
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    Generally speaking, if your children were minors when they were injured, then the 3-year statute of limitations in which suit must be filed doesn't end until the children are 21 years old. The parents' claims for medical expenses had to be filed within 3 years of the wreck, so those claims are likely lost, but the children may still have claims. You should consult an attorney with experience in personal injury claims.
    Answer Applies to: North Carolina
    Replied: 7/26/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Depending on the age of your children, you may still be able to file suit and recover compensation for your children's injuries. You should contact an attorney right away.
    Answer Applies to: Oregon
    Replied: 7/26/2011
    Harris Law Firm
    Harris Law Firm | Paul Vames
    Whether the claims for your children's injuries are still viable depends on whether or not they have reached the age of majority.
    Answer Applies to: Oregon
    Replied: 7/26/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The statute of limitations for an andult is three years. For a minor, the time is extended. So, if your children are still under the age of 18, you can bring a claim on their behalf.
    Answer Applies to: New York
    Replied: 7/26/2011
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    Normally in Massachusetts you have a 3 year statute of limitations to file a complaint in court, or your claim is forever barred. However, this rule applies slightly differently with children under 18 (I am not sure how old your two children are). The three year statute does not begin to run until the child's 18th birthday (when he or she becomes of majority age). This means that they can still make a claim for pain and suffering until they turn 21. If they are younger than that, it is not too late!
    Answer Applies to: Massachusetts
    Replied: 7/26/2011
    Everett Walton, Attorney at Law
    Everett Walton, Attorney at Law | Everett Walton
    You may file suit anytime before the children reach the age of 20.
    Answer Applies to: Hawaii
    Replied: 7/26/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    Typically in Florida the statute of limitations is 4 years. If a birth injury, the time is extended for a child. In an auto accident, the likelihood is the statute ran, but you should ask a lawyer to be sure there are not facts that might give you a claim (a product defect, for example).
    Answer Applies to: Florida
    Replied: 7/26/2011
    Law Offices of Steven R. Kuhn & Associates
    Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
    Minor children have the statute of limitations tolled while they are minors. So it depends how old they are now.
    Answer Applies to: California
    Replied: 7/26/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    The kids are not barred from filing suit until 3 years after their 18th birthday. However, this is a tricky enough issue that you should consider contacting a personal injury attorney to make sure those claims can still be made (i.e., your child was 15 years old or older when the collision happened).
    Answer Applies to: Washington
    Replied: 7/26/2011
    Premier Law Group
    Premier Law Group | Jason Epstein
    Your children may still have a viable claim. It would depend on a lot of factors, including how old they were when they were injured and how old they are now. You should speak to an attorney asap.
    Answer Applies to: Washington
    Replied: 7/26/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    In Utah, there is a 4-year statute of limitations for injuries caused by negligence. However, if the injured person is a minor, the statute of limitations does not begin to run until the injured person has reached age 18. Therefore, your claim is barred by the statute of limitations, and your two injured kids have until 4 years after they reach age 18. You should move as quickly as possible on this. You will need an attorney.
    Answer Applies to: Utah
    Replied: 7/26/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    The kids have one year from the time they turn 18, its too late for the parents.
    Answer Applies to: Tennessee
    Replied: 7/26/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Yes, you can sue after this period of time but only for the children. They do not have a statute of limitations in negligence actions until two years after reaching the age of majority. See a lawyer immediately.
    Answer Applies to: Alabama
    Replied: 7/26/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The statute of limitations in Florida for simple negligence (which includes automobile accidents) is four (4) years.
    Answer Applies to: Florida
    Replied: 7/26/2011
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